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02-09-93 Planning Board�. KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING FEBRUARY 9, 1993 CALL TO ORDER The regular meeting of the Kalispell City -County AND ROLL CALL Planning Board and Zoning Commission was called to order at 7:02 p.m. Robert Lopp and Jeff Ellingson had an excused absence. All other Board members were present. There were approximately 30 members of the public in attendance. APPROVAL OF The minutes of the January 12, 1993 meeting were MINUTES approved as written on a motion by Fraser, seconded by Bahr. The motion carried. REQUEST FOR A request by Frank Strickland for preliminary plat PRELIMINARY approval of Gateway Orchards Villas, a 19-lot PLAT APPROVAL residential subdivision zoned RA-1 (Low Density / GATEWAY Residential Apartment) located on an 8.3 acre tract of ORCHARDS land situated immediately south of Glenwood Drive while VILLAS generally lying north of Two Mile Drive, east of Hawthorne and west of Meridian. Mr. Fraser excused himself from the Board due to a conflict of interest. Staff Report Jentz presented staff report #KPP-93-1, reviewing a request for preliminary plat approval of a 19-lot multi -family development. The applicant has offered two designs for the project, which Jentz explained. Staff prefers Alternative A, extending Glenwood Street as a through street to Two Mile Drive. No public comment, either for or against, has been received in the office prior to the hearing. Staff is recommending approval subject to twelve (12) conditions, with an addition to condition #3a, to include sidewalks on both sides of Yellowstone Street. There were questions and discussion on the designs for improving Two Mile Drive. Public Hearing The meeting was opened to all those in favor of the project. In Favor Doug Kaufman, engineer for Thomas, Dean & Hoskins, spoke on behalf of the developer, in favor of the plan. He informed the Board that negotiations underway with the resident living on Two Mile Drive where Glenwood would extend, are going well. He addressed condition #3a, preferring a 40 foot right-of-way rather than a 60 foot right-of-way, since Yellowstone Street is not (mil a collector. Opposition Andy Young, Principal of Russell School, voiced concerns with increased traffic and additional children in the schools which are already overcrowded. The issue of pedestrian and bicycle safety on Two Mile Drive and North Meridian was noted. 1 !� Hearing no further comment, the public hearing was closed. Discussion DeGrosky moved to adopt FRDO Report #KPP-93-1, as findings of fact, together with the conditions of approval, with the modification to condition #3a, that sidewalks be on both sides of Yellowstone Street. Kennedy seconded. The motion carried on a 6-0 vote in favor of approval. REQUEST FOR The next item on the agenda was a request by Carol RECONSIDERATION Bergstrom dba Kalispell Associates Limited Partnerhsip OF CONDITIONAL for reconsideration of a conditional use permit to USE PERMIT / construct a 64-unit apartment complex called Meridian MERIDIAN Pointe located at 1055 North Meridian Road in POINTE Kalispell. Areas of reconsideration include: (1) allowing the project to be built in two phases, first a 48-unit development followed by a 16-unit development; (2) permission to exceed the 35-foot building height limitation by allowing the front complex to extend to 42 feet and; (3) reducing the required setback for garages from 10 feet to 2 feet from the internal 'road system and carport from 5 feet to 0 foot setback; and (4) concern with traffic study. n Staff Report A conditional use permit was granted on October 5, 1992, for this project. The applicant is seeking amendments to the conditions of that permit. Jentz presented an overview of FRDO staff report #KPP-93-5A, focusing on the four -revisions at issue. Staff recommends the following amendments to the conditional use permit. (1) The request to reduce garage setbacks be denied, and carport setbacks be modified to 2 feet. (2) Staff is in favor of the phasing plan of the original design. The new design features an additional building, substantially reducing the originally planned green/play area. (3) Building height was an issue, with their building design for 42 feet exceeding the RA-1 zone maximum of 35 feet. This design feature would require a variance to the zoning, which goes before the Flathead County Board of Adjustment for hearing. This Board could make a - recommendation to the Board of Adjustment. (4) The traffic study required as a condition of the original permit, has been completed. The Public Works Director has reviewed this study and recommends implementation of three of those findings, as setforth in the staff report. Publ i c Hearing The meeting was opened to al 1 those wishing to speak in favor of the reconsideration of the conditional use permit. Carol Bergstrom, a partner in the project, spoke in favor of the amendments, and offered supporting background for the request. With regard to the garage and carport setbacks of other apartment complexes in 2 �! the Kalispell area she found that all those surveyed do not have any setbacks, and have no record of injury or major accidents. It is extremely difficult to design the project to meet the setback requirements. The building height is also a cost factor. Three-story buildings are more economical to build. She feels the design is attractive, and five feet is not that much difference to put forth a quality development. She would also like to see condition #6 to read "just the 3-story buildings be sprinkled". Don Simpson, a partner in the project, spoke in favor of the 42 foot high building design, and the reduced setbacks. He explained the design in support of his arguments. Opposition Joan Ladimer, 635 Underhill Court, is opposed to the increased building height, as it defeats the purpose of the zoning restrictions. She expressed sympathy for their financial burdens, however did not feel that this project was in the best interests of the neighborhood. Gerianne Robbins, 637 Underhill Court, was opposed to the 42 foot height design. The maximum height of buildings in the area are 20-25 feet, thus it does not n fit with the character of the neighborhood. She had �) concerns about safety, as the response time for a fire has historically been slow. She expressed concerns regarding increased traffic on West Arizona Street, and whether there will be adequate buffering between'single family and multi -family residences. She suggested that if this project is an economic burden, perhaps the plan should be scaled down. Susie Marquardt, 621 W. Arizona, was opposed to the height of the building. She voiced concern about the safety of the children on North Meridian, as well as children in the alley behind her house. Dan Brown, 532 W. Arizona, pointed out that other developers were willing to comply with the regulations, These rules are put in place to protect the residents. He pointed out problems with the unimproved alley and the narrow streets with no sidewalks. Andy Young, principal of Russell School, had questions regarding the traffic study, and the routes taken by the school children. His major concern was the increased numbers of school children and the traffic safety issues. Marsha Brown, 532 W. Arizona, expressed her concern about children°s safety on Meridian. There being no further comment, the public hearing was closed. 3 Discussion The Board discussed each issue individually. It was agreed that the setbacks for garages remain at 10 feet, and 5 feet for the carports, as per the originally approved conditional use permit. These setbacks are consistent with what is required for other developments in Kalispell. After much discussion on the building height, the Board agreed the excess height of the design was not the result of a "hardship" unique to the property. It was actually a self-imposed economic hardship of the developers. The request for phasing of the project was recommended for approval subject to the conditions set forth in the staff report #KCU-92-5A. Discussion,on the building height resulted in adding a 14th condition to read: "The Board of Adjustment be notified that the request for a variance to allow a 40 foot tall building on this site which would exceed the 35 foot height limitation of the zone be denied based on (a) negative public comment, (b) the fact that the need for the variance is created by the applicant, (c) it is financial in nature, (d) other options are availabe, (e) the lot presents no unique or unusual circumstances and (f) that granting a variance would indeed grant a special advantage to this property not available to other properties in the neighborhood." After discussion of the results of the traffic study, the Board agreed to incorporate Mr. Babb's second recommendation with condition #9b of the permit, to "provide a pedestrian walkway connecting the east end of the crosswalk to the alley running north -south from Arizona Street." Motion DeGrosky made a motion to adopt Report #KCU-92-5A as findings of fact, with the amended conditions as discussed, and adding a condition #15 to read "All 3- story buildings must be equipped with sprinkler systems per the City of Kalispell Department." Kennedy seconded. The motion passed with a 7-0 vote. This recommendation will go to City Council. Kennedy requested that a copy of the minutes be forwarded along with the recommendation to the Board of Adjustment. HIGHWAY 93 Consideration of the Highway 93 South Neighborhood Plan SOUTH as an amendment to the Kalispell City -County -Master NEIGHBORHOOD Plan. The plan includes land lying approximately 1/4 PLAN mile east and up to 1/2 mile west of U.S. Highway 93 South between Four Corners and Ashley Creek south of Kalispell. The purpose of the plan is to provide for an area of light industrial development with performance standards that promote planned organized development while reducing negative impacts typically 4 associated with linear highway development. Staff Report Jentz' overview of report ##KNP-93-1, gave some background on how this plan came about as a compromise to one of the "hot spots" in the Lower Side Zoning District proposal. The Highway 93 South Neighborhood Plan suggests adopting design standards, along with the plan amendment, which must be adopted by both the City Council and the County Commissioners. The plan sets forth three goals, which staff has analyzed. Staff recommends the plan after it addresses three concerns as defined in the report. The area affected is approximately 440 acres. Public Hearing Dave Greer, representing the Highway 93 South in Favor landowners, gave a short background of his long-time involvement with the zoning of this area. This area has been master planned for agricultural, which binds the Planning Board and the Commissioners •to zone in compliance with the Master Plan. The existing haphazard land uses along this corridor are not, however, agricultural. He explained that the soils were not supportive of agricultural production and the land development pattern further precludes a reasonable agricultural use. This submitted plan attempts to accomodate the existing land uses and has the support of 24 of the 27 landowners affected. They do not propose any retail commercial. He detailed the benefits and possible alternatives to this plan. He was very encouraged by the cooperation of all the landowners in developing this plan, and felt it was the most positive choice of the available options. Tom Little, Snowline Tree Company, who was strongly opposed to the SAG-5 proposed in the Lower Side Zoning District, is 100 % behind the I-1. It isn't what all of the property owners want, but this is the best plan that all can concur with. Brian Cannavaro, Patchbox Trading Post and Museum of the Great Divide, spoke in favor of this plan amendment. It is tough to make it as a small business owner. He would like to expand his business and provide employment in the community, which is needed here. This zoning option would allow this dream to possibly be realized. opposition DonSpivey, representing Citizens for a Better Flathead, felt that changes to the Master Plan should be well thought out and these decisions made slowly, to make sure everyone is comfortable living with a plan -1 amendment. There being no further comment, the public hearing was closed. 5 Discussion Kennedy felt the Highway 93 South Neighborhood Plan fails to address a number of issues: (1) no justification for the need for 450 acres of light industrial, (2) believes there are several hundred acres of vacant or unutilized industrial land in Kalispell°s jurisdiction; (3) the environmental concerns; and (4) the economic impacts of the wide range of industrial uses have not been addressed. Time should.be taken to address these issues prior to adopting a Master Plan amendment. DeGrosky shares the concerns of both Mr. Greer and Ms. Kennedy. He noted that in other neighborhood plans, however, impacts have not been addressed prerequisite to adopting a neighborhood plan. He likes the plan, but voiced two concerns: (1) the size of the area; (2) strip development along this candidate for the truck by-pass. Fraser was encouraged by this opportunity to adopt performance standards, although does not see justification for such a large area of light industrial. Conner commends the landowners' plan to do something with the hodge-podge of development along the highway. He would like to see the water issues along Ashley Creek addressed. Carlson likes the intent of the highway plan, but thinks it should go further in looking at improving Highway 93, and maintain the agricultural integrity of the valley. Discussion ensued on the proposed size of the area, the implementation of performance standards, and how to avoid undesireable strip development along a future truck by-pass. Motion Kennedy moved to table the Highway 93 South Neighborhood Plan until next month when the Board can address the performance standards, the environmental and economic impacts. After considerable discussion on the procedures, performance standards, and results of a master plan amendment, Carlson seconded. Kennedy and Carlson voted in favor of tabling the neighborhood plan. DeGrosky, Fraser, Conner, Bahr, and Hash voted against. The motion was defeated on a 2-5 vote. Motion DeGrosky moved to accept report #KNP-93-1 as findings of fact, including the three recommendations as ! discussed, and forward a positive recommendation to the County Commissioners. Fraser seconded. Bahr, DeGrosky, Fraser, Conner and Hash voted in favor. Carlson and Kennedy voted against. The motion carried on a 5-2 vote. 6 f� OLD BUSINESS The conflict of the truck by-pass meetings scheduled on the same night as planning board meetings was discussed. The Board -requested that they be notified of the next informational meeting presented to City Council. DeGrosky brought up an omission in the minutes of January 12, 1993, condition #17 for Juniper Bend Conditional Use Permit to include "...native vegetation, including trees." and requested the minutes be amended to reflect that addition. NEW BUSINESS It was agreed, by concensus, to move the new business agenda item ahead of old business, in order for Rhonda Olson to give a presentation on the Cooperative Planning Coalition - Flathead 2020, concerning the status of their efforts to hire a consultant and update the County's Master Plan and land use regulations. Under the auspices of the Cooperation Planning Coalition - Flathead 202, there has been considerable encouragement for proactive public involvement in the long-range land use planning process. The Coalition is striving to provide information to alleviate fears and the angry reactions to misinformation, and to work towards finding alternatives to blanket zoning. As a 0 result of these meetings, the Group has determined to hire an outside planning consultant, and are willing to put up the money to pay for an intensive planning effort. The scope of the work has been divided into seven phases, with a sign -off on each phase before moving on to the next step, in order to have complete understanding of the process. The Board commended Ms. Olson and the Coalition for the wonderful job they are doing. After discussion, Kennedy made a motion to write a letter of the Board's support of the Flathead 2020 efforts, with a copy to the County Commissioners. Conner seconded. All members voted aye. The motion carried. It was determined that Ms. Kennedy draft the letter for the next Planning Board meeting. Milt Carlson introduced Don Spivey, who attended the hearings in Helena on the bills regarding subdivision revision. Upon request by the Board, Mr. Spivey gave a rundown on the status of the leigislative action and described the five House bills and one Senante bill on subdivisions. Discussion followed. OLD BUSINESS Under old business was consideration of a series of amendments to the recently adopted Kalispell Zoning Ordinance addressing issues which have arisen over the past year, such as reducing the building and parking setbacks on side corner lots in the R-5 and commercial zones, revisions to the public hearing procedures for 7 zone changes, administrative considered. etc. In addition, editorial and changes that need to be made will be Jentz gave an overview of the amendments, which City Council will not act upon until the Board has made a recommendation on all the issues as set forth in staff's memo dated December 29, 1992. Items #1 and #4 were decided on at the January Board meeting. Action pending on items #2 and #3, and amendments to commercial building setbacks. Discussion on posting and public notice -resulted in a concensus to get rid of the requirement to post zone changes. Item #3 clarifies the language for what happens when the Zoning Commission recommends denial of a zone change. The Board agreed to amend the wording as stated. An explanation for changing the commercial building setbacks was given. Amendments to the parking setbacks were also described. The Board agreed to recommend the amendments as set forth. Brian Wood introduced for discussion the discrepancy in the permitted and conditional uses listed under various zoning classifications, specifically dealing with automobile repair shops, and restaurants. He suggested �) some language clarification. Fraser moved to accept the language changes. Kennedy seconded. All members voted aye. ADJOURNMENT There being no further business to .discuss, the meeting was adjourned at 11:35 p.m. APPROVED: G' Therese Fox Hash`, President E1�abetVOntko, Recording Secretary N.